Tileston
(PC) Stephen v. Tileston
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMIE STEPHEN, No. 2:20-cv-1841 KJN P Plaintiff, v. ORDER C. TILESTONE, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. As set forth below, the court dismisses plaintiff’s amended complaint with leave to amend. Background Multiple courts have found plaintiff has sustained three strikes under 28 U.S.C. 1915(g).1 However, if a plaintiff has three strikes under § 1915(g), he may still proceed in forma pauperis if 23 For example, in Stephen v. Lozano, 2:19-cv-1407 KJM EFB (E.D. Cal. March 20, 2020), the court noted a three-strikes order first issued against plaintiff in March of 2007. (Id., ECF No. 10 at 1-2.) In April of 2012, Magistrate Judge Hollows found plaintiff had sustained at least six 25 strikes, which Magistrate Judge Brennan had reviewed and confirmed…